Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3A - ADMINISTRATION OF A COMPANY ' S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT  

Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .

Division 6 - Protection of company's property during administration  

SECTION 440D   STAY OF PROCEEDINGS  

440D(1)   [ Proceedings not to be begun or proceeded with]  

During the administration of a company, a proceeding in a court against the company or in relation to any of its property cannot be begun or proceeded with, except:

(a) with the administrator's written consent; or

(b) with the leave of the Court and in accordance with such terms (if any) as the Court imposes.

440D(2)   [ Criminal proceedings, etc]  

Subsection (1) does not apply to:

(a) a criminal proceeding; or

(b) a prescribed proceeding.